Legal information

Access to, browsing of and use of the website ociotour.es (hereinafter, the “Website”) implies express and unreserved acceptance of all the terms of these Conditions of Use, having the same validity and effectiveness as any contract entered into in writing and signed. Their observance and compliance shall be enforceable with respect to any person who accesses, browses or uses the Website.

1 IDENTIFICATION

The website is owned by VIAJES REINA, S.L., (hereinafter the PROVIDER and Viajes Reina), whose company name is VIAJES REINA, S.L., c/Alfares, 3 Bis, CP: 45600, Talavera De La Reina (Toledo), with Tax ID No.: B45402161. Telephone 925 82 66 16 and email address: info@ociotour.es By using the services of ociotour.es managed by Viajes Reina, you shall enter into a contract directly with Viajes Reina, S.L. and shall be bound solely by its general terms and conditions of contracting.

2 PURPOSE

These Conditions of Use govern access to, browsing of and use of this Website, without prejudice to the right of Viajes Reina to modify the presentation, configuration and content thereof, as well as the conditions required for its access and/or use. Access to and use of the contents of the Website following the entry into force of its modifications or changes shall entail acceptance thereof. Notwithstanding, access to certain contents and the use of certain services may be subject to certain particular conditions, which shall in all cases be clearly displayed and must be expressly accepted by the users. These particular conditions may replace, complete or, where applicable, modify these Conditions of Use. Viajes Reina reserves the right to modify the terms and conditions stipulated herein, in whole or in part, publishing any change in the same manner in which these Conditions of Use appear or through any type of communication addressed to the users. Likewise, we inform users of their rights and obligations in relation to the contents displayed through the Website, the logos and trademarks used, as well as the liabilities that may arise from the use of the service. For the purposes of interpreting these Conditions of Use, we understand that a person becomes a user at the moment they accept the Conditions of Use and the Privacy Policy displayed on the Website, it being sufficient for this purpose that they visit it. Access to the contents of the Website is completely free of charge, without prejudice to the possible existence of particular sections or services which require, for their use and enjoyment, the payment of a certain sum of money, of which the user shall in any case be duly informed, and which the user must expressly accept in order to be able to enjoy them.

3 LIABILITY OF THE SERVICE PROVIDERS

The preparation and updating of the information on offers, products or services, prices, routes, distances, characteristics and any other data and information relevant to the products and services offered through the Website corresponds to the respective Providers of products or services or organisers, without the PROVIDER being responsible for the maintenance, review, supervision or updating thereof, nor having the possibility of verifying the truthfulness, updating, accuracy or completeness of such information. The providers of products or services, within the scope of their respective obligations, shall be liable towards the User for compliance with the obligations arising from the regulations in force and from the terms and conditions of sale of each of the products and services or package travel contracted, without the PROVIDER assuming any obligation or liability whatsoever with respect to those products or services that it does not provide directly.

4 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Viajes Reina is the owner or, where applicable, holds the corresponding licences over the intellectual and industrial property exploitation rights of the Website, as well as of all the contents offered therein, including the Website itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it. Under no circumstances shall it be understood that the access to, browsing of and use of the Website by the user, or the use, acquisition and/or contracting of products or services offered through it, implies a waiver, transfer, licence or assignment, in whole or in part, of said rights by Viajes Reina. The user has a right to use the contents and/or services of the Website within a strictly domestic scope and solely for the purpose of enjoying the benefits of the service in accordance with these Conditions of Use. References to registered trademarks or trade names, or other distinctive signs, whether owned by Viajes Reina or by third-party companies, carry with them the implicit prohibition on their use without the consent of their legitimate owners. At no time, unless expressly stated otherwise, shall the access to, browsing of or use of the Website and/or its contents confer upon the user any right over the distinctive signs included therein. All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for public or commercial purposes, without the prior, express and written authorisation of Viajes Reina or, where applicable, of the owner of the corresponding rights. Likewise, it is prohibited to suppress or manipulate the copyright indications or other credits identifying the rights holders of the contents that the user finds on the Website, as well as the technical protection devices, the digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website. In the event that the user sends information of any kind to Viajes Reina through any of the channels enabled for this purpose, the user declares, warrants and accepts that they have the right to do so freely, that such information does not infringe any intellectual or industrial property right, trade secret or any other rights of third parties, and that such information is neither confidential in nature nor harmful to third parties. The user acknowledges that they assume liability, holding Viajes Reina harmless for any communication supplied personally or on their behalf, such liability extending without any restriction to its accuracy, legality, originality and ownership. Should the user become aware of the existence of any unlawful, illegal content, contrary to the law or that could constitute an infringement of intellectual and/or industrial property rights, they must notify it immediately to Viajes Reina through the email address info@ociotour.es so that the appropriate measures can be adopted. Likewise, in the event that any user or third party considers that any of the contents of the Website owned by Viajes Reina infringes their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to info@ociotour.es with the following information:

Identifying data and means of contact of the claimant or of their legal representative.
Documentation evidencing their status as owner of the allegedly infringed rights.
A detailed account of the rights allegedly infringed by Viajes Reina, as well as their exact location within the Website.
Express declaration by the claimant that the use of the contents has been carried out without the consent of the owner of the allegedly infringed rights.

5 LINKS

5.1. LINKS TO OTHER WEBSITES

In the event that links to other websites are displayed on the Website by means of different buttons, links, banners or embedded content, Viajes Reina informs that these are directly managed by third parties, Viajes Reina having neither the human nor the technical means to know in advance and/or control and/or approve all the information, contents, products or services provided by other websites to which links may be established from the Website. Consequently, Viajes Reina cannot assume any liability whatsoever for any aspect relating to the platform or website to which a link may be established from the Website, in particular, by way of example and not limitation, regarding its operation, access, data, information, prices, discounts, services, files, quality and reliability of its products and services, its own links and/or any of its contents, in general. Consequently, Viajes Reina cannot assume any liability whatsoever for any aspect relating to the platform or website to which a link may be established from the Website, in particular, by way of example and not limitation, regarding its operation, access, data, information, prices, discounts, services, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

5.2. LINKS TO viajesreina ON OTHER WEBSITES AND SOCIAL NETWORKS

Viajes Reina makes available to users, through different tools and applications, means of linking that allow users to access the channels and pages of the Website that Viajes Reina maintains on different websites and social networks belonging to and/or managed by third parties (e.g. Facebook, Twitter, Pinterest, Google+, etc.). The inclusion of these links on the Website has as its sole purpose to facilitate users' access to said channels on the different websites and social networks. The establishment of these applications does not imply the existence of any relationship between Viajes Reina and the owner, manufacturer or distributor of the linked Website, nor the acceptance and approval by Viajes Reina of their contents and/or services, their owner, manufacturer or distributor being solely responsible for them. Under no circumstances does Viajes Reina share with Facebook, Twitter or any other social network that may be incorporated in the future any type of private information about its users, its sole purpose being that established in these Conditions of Use, as well as in the Privacy Policy of the Website. In this regard, all the information that the user themselves wishes to provide to these Websites shall be at their own responsibility, Viajes Reina not intervening in said process.

5.3. LINKS ON OTHER WEBSITES POINTING TO THE WEBSITE

Viajes Reina does not authorise the establishment of a link to the Website from those pages that contain materials, information or contents that are unlawful, illegal, degrading, obscene and, in general, that contravene the law, morality or public order, or generally accepted social norms. In any case, users may establish links on their respective websites that direct to the Website, provided that they comply with the following conditions: a) the link may not reproduce the content of the Website or parts thereof in any form; b) it is not permitted to create a browser or a border environment around the sections of the Website, nor may the Website be modified in any other way; c) it is not permitted to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, to declare or give to understand that Viajes Reina has authorised the link or that it has supervised or assumed in any way the contents or services offered or made available on the website where said link is established; d) the website where the link to the Website is established shall not contain information or contents that are unlawful, contrary to generally accepted morality and good customs and to public order, nor shall it contain contents contrary to any rights of third parties, including intellectual and industrial property rights and/or the right to honour, to personal or family privacy or to one's own image or any other right, or contents contrary to the rules governing the protection of personal data.

Viajes Reina has neither the capacity nor the human or technical means to know, control or approve all the information, contents, products or services provided by other websites that have established links pointing to the Website. Viajes Reina assumes no liability whatsoever for any aspect relating to the website that establishes such a link pointing to the Website, in particular, by way of example and not exhaustively, regarding its operation, access, data, information, prices, discounts, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

6 RULES FOR USE OF THE WEBSITE

Access to or use of the Website for illegal or unauthorised purposes, whether or not for economic purposes, is not permitted and, therefore, its consequences shall be the sole responsibility of the user. In particular, and without the following list being exhaustive, it is prohibited to:

Use the Website in any manner that may cause damage, interruptions, inefficiencies or defects in its functionality or in the computer of a third party;
Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
Use the Website to transmit or publish any material of a defamatory, offensive, racist, vulgar, denigrating, pornographic nature, or of an obscene or threatening nature or that may cause annoyance to any person;
Use the Website in a manner that constitutes an infringement of the rights of Viajes Reina or of any third party;
Use the Website in an illegal manner, contrary to good faith, morality and public order;
Use the Website to transmit material for advertising or promotional purposes, including spam, chain emails or similar;
Use the Website to collect personal data of other users;
Access the Website with a false identity, impersonating third parties or using a profile or carrying out any other action that may confuse other users as to the identity of the origin of a message;
Access without authorisation any section of the Website, other systems or networks connected to the Website, any server of Viajes Reina or the services offered through the Website, by means of hacking or forgery, extraction of passwords or any other illegitimate means;
Break, or attempt to break, the security or authentication measures of the Website or of any network connected to it, or the security or protection measures inherent to the contents offered on the Website;
Carry out any action that causes a disproportionate or unnecessary saturation of the infrastructure of the Website or of the systems or networks of Viajes Reina, as well as of the systems and networks connected to the Website; or
Impede the normal course of an event, contest, promotion or any other activity available through the Website or any of its functionalities, whether by altering or attempting to alter, illegally or in any other way, the access, participation or operation thereof, or by falsifying the result of the same and/or using fraudulent methods of participation, by any procedure, and/or through any practice that in any way undermines or infringes this Legal Notice.

Failure by the user to comply with any of the foregoing obligations may entail the adoption by Viajes Reina of the appropriate measures under the law and in the exercise of its rights or obligations, and may lead to the deletion or blocking of the infringing user's account, without any possibility of compensation for the damages caused.

7 LIABILITIES AND WARRANTIES

Viajes Reina cannot guarantee the reliability, usefulness or truthfulness of absolutely all the information and/or services of the Website, nor the usefulness or truthfulness of the documentation made available through it.

Consequently, Viajes Reina does not guarantee nor is it responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) the damages or losses caused, to themselves or to a third party, by any person who infringes the conditions, rules and instructions that Viajes Reina establishes on the Website or through the breach of the security systems of the Website.

Notwithstanding the foregoing, Viajes Reina declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the operation of the Website and to minimise system errors, both from a technical point of view and in terms of the contents published on the Website.

Viajes Reina does not guarantee the lawfulness, reliability and usefulness of the contents supplied by third parties through the Website. Should the user become aware of the existence of any unlawful, illegal content, contrary to the law or that could constitute an infringement of the rights of third parties, they must notify it immediately to Viajes Reina so that it can proceed to adopt the appropriate measures.

Viajes Reina shall not be liable for the truthfulness, integrity or updating of the information published on the Website originating from sources external to it, nor for that contained in other Websites to which links are established from the Website. Viajes Reina shall assume no liability with regard to any hypothetical damages that may arise from the use of the aforementioned information.

In any case, Viajes Reina reserves the right to suspend, modify, restrict or interrupt, whether temporarily or permanently, the access, browsing, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, to those users who contravene any of the provisions detailed in these Conditions of Use, without any possibility for the user to demand any compensation for this reason.

8 SUSPENSION OF THE WEBSITE

Viajes Reina reserves the right to suspend, modify, restrict or interrupt, whether temporarily or permanently, the access, browsing, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, to those users who contravene any of the provisions detailed in these Conditions of Use, without any possibility for the user to demand any compensation for this reason.

9 CONFIDENTIALITY AND DATA PROTECTION

In accordance with the provisions of Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal, all personal data provided during the use of the Website shall be processed in accordance with the provisions of the Privacy Policy that every user must expressly accept in order to be able to use and register in the system.

10 CONTESTS, PRIZE DRAWS AND PROMOTIONAL ACTIVITIES.

Viajes Reina or collaborating third-party companies may organise, through the Website, contests, prize draws and/or promotional activities of various kinds.

In this regard, participation in the possible contests, prize draws or promotional activities offered by Viajes Reina shall imply acceptance, where applicable, of the particular conditions of each of said contests, prize draws and/or promotional activities. As a general rule, participation in these contests, prize draws and/or promotional activities may be subject to additional requirements of the participants (age, place of residence, etc.), and the delivery of the prizes to the winners may be subject to compliance with certain conditions, which shall be duly announced.

The following general conditions of contests, prize draws and/or promotional activities offered by Viajes Reina through the Website shall likewise be applicable, unless they conflict with what is detailed in the particular rules applicable in each case:

Participation in the contests, prize draws and/or promotional activities available through the Website is personal, participation through third parties, including agencies, not being permitted.
Persons under 18 years of age may not participate in the contests, prize draws and/or promotional activities available through the Website.
The participation of legal entities is expressly excluded.
Employees of Viajes Reina or their direct relatives, or of any sponsor and/or company collaborating in the organisation of the contest, prize draw and/or promotional activity, may not take part in the contest, prize draw and/or promotional activity.
Viajes Reina may terminate early and/or extend the contest, prize draw and/or promotional activity in the event that it is reasonable or necessary.
In the event that Viajes Reina detects any anomaly or fraudulent conduct or suspects that a participant is attempting to impede the normal course of a contest, prize draw or promotional activity, Viajes Reina may, unilaterally and without the need for prior notice, delete that participant's registration, as well as withdraw the contest, prize draw or promotional activity, and/or declare it void, without Viajes Reina incurring any liability towards the participants.
The prizes shall be personal and non-transferable. No prize may be exchanged for other goods or services or delivered in cash. Should it be necessary, Viajes Reina reserves the right to replace the prizes with others of equivalent value.
The winner of the contest, prize draw or promotional activity who receives a prize shall be responsible for the applicable taxes and for any expenses not detailed in the description of the prize.

11 GENERAL

The headings of the various clauses are for information purposes only, and shall not affect, qualify or extend the interpretation of these Conditions of Use. Likewise, Viajes Reina may modify the terms and conditions stipulated herein, in whole or in part, publishing any change in the same manner in which these Conditions of Use appear or through any type of communication addressed to the users.

The temporal validity of these Conditions of Use therefore coincides with the time of their display, until they are modified in whole or in part, at which moment the modified Conditions of Use shall become valid.

Notwithstanding the provisions of the particular conditions that may be established, Viajes Reina may terminate, suspend or interrupt, at any time and without the need for prior notice, access to the contents of the Website, without any possibility for the user to demand any compensation. Following such termination, the prohibitions on the use of the contents set out above in these Conditions of Use shall remain in force.

Likewise, if the user breaches these Conditions of Use, Viajes Reina may suspend or cancel their profile automatically and without prior notice, and in no case shall such suspension or cancellation give the user the right to any compensation. To this end, Viajes Reina informs that it may notify and duly collaborate with the competent police and judicial authorities should it detect any infringement of the legislation in force or should it suspect the commission of any crime.

The contracting of any paid product and/or service offered by Viajes Reina shall be governed by the general and/or particular conditions of each specific service established for this purpose. In the event of a discrepancy between the provisions of these Conditions of Use and the particular conditions of each specific service of the Website, the provisions of the latter shall prevail.

In the event that any provision of these Conditions of Use is declared null or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or inapplicability shall not affect the remaining provisions of these Conditions of Use.

The non-exercise or non-enforcement by Viajes Reina of any right or provision contained in these Conditions of Use shall not constitute a waiver thereof, unless acknowledged and agreed in writing by it.

12 APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

Provided that the regulations in force to this effect provide for the possibility for the parties to submit to a specific jurisdiction, for any litigious matter arising from or related to this Website, the Spanish legislation in force at the time of the litigation shall apply, and we shall submit to the Courts and Tribunals of the city of Madrid, as well as, where applicable, to the consumer Arbitration Tribunals or similar bodies to which we are affiliated at the time the dispute arises.

To submit claims in the use of our services, you may address them by post to the electronic or physical address indicated in the “Identification” section, we being committed to seeking at all times an amicable solution to the conflict.

Last updated: 1 January 2017.

STANDARD INFORMATION FORM FOR PACKAGE TRAVEL CONTRACTS WHERE THE USE OF HYPERLINKS IS POSSIBLE

The combination of travel services offered to you is a package within the meaning of the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, approved by Real Decreto Legislativo 1/2007, de 16 de noviembre. Therefore, you will benefit from all rights that apply within the EU framework to packages. The company VIAJES REINA, S.L. will be fully responsible for the proper performance of the package as a whole. cve: BOE-A-2018-17769 Verifiable at http://www.boe.es OFFICIAL STATE GAZETTE No. 312 Thursday 27 December 2018 Sec. I. Pág. 127370 In addition, as required by law, the company is covered by a guarantee to refund your payments and, if transport is included in the trip, to ensure your repatriation in the event that it becomes insolvent.

More information on your main rights under the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, approved by Real Decreto Legislativo 1/2007, de 16 de noviembre (to be provided by means of a hyperlink).

By following the hyperlink, the traveller will receive the following information: Main rights under the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, approved by Real Decreto Legislativo 1/2007, de 16 de noviembre:

– Travellers will receive all essential information about the package before concluding the contract.
– There will always be at least one trader responsible for the proper performance of all the travel services included in the contract.
– Travellers will be given an emergency telephone number or the details of a contact point where they can reach the organiser or the retailer.
– Travellers may transfer the package to another person, subject to reasonable prior notice and, where applicable, to the payment of additional costs.
– The price of the package may only be increased if specific costs arise (for example, in fuel prices) and it is expressly stipulated in the contract, and in no case within the last twenty days prior to the start of the package.

If the price increase exceeds eight per cent of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to increase the price, the traveller shall be entitled to a price reduction if the corresponding costs decrease.

– Travellers may terminate the contract without paying any termination fee and obtain a full refund of all payments made if any of the essential elements of the package, other than the price, is significantly altered.

If the trader responsible for the package cancels it before its start, travellers shall be entitled to a refund of the payments made and, where appropriate, to compensation.

– In exceptional circumstances, for example where there are serious security problems at the place of destination that may affect the package, travellers may terminate the contract before the start of the package without paying any termination fee.
– In addition, travellers may terminate the contract at any time before the start of the package upon payment of a termination fee that is appropriate and justifiable.
– If, after the start of the package, significant elements of it cannot be provided, suitable alternative arrangements must be offered to the traveller at no additional cost.

Travellers may terminate the contract without paying any termination fee in the event of non-performance of the services where this substantially affects the performance of the package and the organiser or, where applicable, the retailer fails to solve the problem.

– Travellers will also be entitled to a price reduction and/or compensation for damages in the event of non-performance or improper performance of the travel services.
– The organiser and the retailer must provide assistance to the traveller in the event that they are in difficulty.
– If the organiser or the retailer becomes insolvent, payments will be refunded.

In the event that the organiser or, where applicable, the retailer cve: BOE-A-2018-17769 Verifiable at http://www.boe.es OFFICIAL STATE GAZETTE No. 312 Thursday 27 December 2018 Sec. I. Pág. 127371 becomes insolvent after the start of the package and this includes transport, the repatriation of the travellers will be guaranteed. VIAJES REINA, S.L., has taken out an insolvency protection guarantee with Seguros Catalana Occidente S.A. de Seguros y Reaseguros, N.I.F A-28119220, with registered office at Paseo de la Castellana nº4 28046 (Madrid) and registered in the Registro de Entidades Aseguradoras of the Dirección General de Seguros y Fondos de Pensiones under the code C-0468.

If services are refused due to the insolvency of VIAJES REINA, S.L., travellers may contact that entity or, where applicable, the competent authority (contact details, including, among others, name, full address, email and telephone number). Consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, approved by Real Decreto Legislativo 1/2007, de 16 de noviembre (hyperlink).